Nicklin v. Hobin
Oregon Supreme Court
Multnomah County. Defendant appeals. Equity will not relieve a party from a judgment at law because it is erroneous. (Reeves v. Cooper, 12 N. J. Eq. 225, 226.) Not even if the error appears upon the face of the record. (S. F. Sawings and L. Society -V. Thompson, 34 Cal. 76.) Nor in any case until the applicant has exhausted his legal remedies.
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Multnomah County. Defendant appeals. Equity will not relieve a party from a judgment at law because it is erroneous. (Reeves v. Cooper, 12 N. J. Eq. 225, 226.) Not even if the error appears upon the face of the record. (S. F. Sawings and L. Society -V. Thompson, 34 Cal. 76.) Nor in any case until the applicant has exhausted his legal remedies. (Mastick v. Thorp, 29 Id.' 447.) The plaintiff’s intestate was certainly negligent, and equity will never relieve a party from the consequences of his own laches. (Creath v. Sims, 5 How. (U. S.) 204; 2 Story’s Eq. Jur., sees. 887, 888.) This is not a…
1Opinion of the CourtLord, J.
This is an appeal from a decree of the Circuit Court of Multnomah County, rendered on the ninth day of January, 1886, whereby appellant was perpetually enjoined from issuing execution upon or enforcing the collection of a certain judgment of the Circuit Court of *408said county, rendered on the sixth day of November, 1879, in an action wherein Paul M. Brenan was plaintiff, and appellant was defendant, which judgment was in favor of this appellant for costs and disbursements, taxed at $62.95. The plaintiff, as administrator of Brenan’sestate, filed the complaint in this suit, alleging in substance…
2Cases cited1 opinion
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
3Cited by10 opinions
- Linn County v. RozelleOregon Supreme Court · 1945
- Anderson v. GuentherOregon Supreme Court · 1933
- Travelers Insurance Co. v. StaigerOregon Supreme Court · 1937
- Carlson v. Bankers Discount Corp.Oregon Supreme Court · 1923
- Miller v. ShuteOregon Supreme Court · 1910
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